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Articles 1 - 7 of 7
Full-Text Articles in Law
Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Scholarly Articles
Not available.
The Transmittal Letter Translated, Carl W. Tobias
The Transmittal Letter Translated, Carl W. Tobias
Law Faculty Publications
The letter in which Chief Justice Rehnquist transmitted to Congress amendments to various Federal Rules of Civil Procedure, which became effective on December 1, 1993 is reproduced. Professor Tobias then offers his "translation" of the letter with his interpretation of what likely took place during the rule revision process involving the Advisory Committee on the Civil Rules, emphasizing the controversial revision of F.R.C.P. Rule 11.
The 1993 Revision Of Federal Rule 11, Carl Tobias
The 1993 Revision Of Federal Rule 11, Carl Tobias
Indiana Law Journal
No abstract provided.
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …
Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel
Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
1993 Federal Rules Amendments And The Montana Civil Rules, Carl W. Tobias
1993 Federal Rules Amendments And The Montana Civil Rules, Carl W. Tobias
Law Faculty Publications
On December 1, 1993, the most comprehensive package of amendments to the Federal Rules of Civil Procedure (Federal Rules) in their half-century history became effective. Although the revisions include a number of changes that are relatively innocuous, modifications in Rule 11 governing sanctions and Rule 26 requiring mandatory pre-discovery or automatic disclosure were and remain controversial. The amendment to Rule 11 altered the 1983 revision of that Rule which had proved to be the most controversial amendment ever developed. The amendment to Rule 26 prescribing automatic disclosure was the most controversial formal proposal changing the Rules in their history. These …
Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper
Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper
Articles
Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …